New Jersey Cherokee Man’s Attempt to Transfer Divorce to Tribal Court Fails

Here is the opinion — NJ Sand Hill Band v. California

An excerpt:

Claiming to be a Cherokee Indian, pro se plaintiff Ronald-Stacey seeks an order transferring his divorce proceeding to tribal court from state court. Although Ronald-Stacey filed this action on behalf of himself and his tribe, Civil Local Rule 3-9(b) prevents a pro se party from appearing on behalf of an entity. This order uses “plaintiff” in the singular, in reference to Ronald-Stacey alone.

Three separate motions to dismiss have been filed in this action: one by the attorney general of California on behalf of both the State of California and the Superior Court of California for the County of Contra Costa; one by David Timko on behalf of himself and Lynda Ann Holloway, a.k.a Lynda Ann Andrews; and one by county counsel for Contra Costa on behalf of the county. Because this Court does not have subject-matter jurisdiction over plaintiff’s claims, defendants’ motions are GRANTED.

Oil Companies’ Motion to Dismiss Kivalina Climate Change Granted

Here — Kivalina Order

Materials are here.

Federal Court Holds that California Waived Eleventh Amendment Immunity from IGRA Good Faith Suits

Here is the opinion in Big Lagoon Rancheria v. California — DCT Order Denying Cal Motion to Dismiss

The materials:

California Motion for Judgment on Pleadings

Big Lagoon Rancheria Opposition Brief

California Reply Brief

An excerpt:

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District Court Dismisses Challenge to Graton Rancheria Casino

Indianz’ report is here. Here are the materials in Stop the Casino 101 Coalition v. Salazar (N.D. Cal.):

stop-the-casino-dct-order

salazar-motion-to-dismiss

graton-rancheria-motion-to-dismiss

Third Update in Native Village of Kivalina v. Exxon

The hearing on the motion to dismiss is tentatively set for May 19, 2009, at 1 PM, according to this filing: oil-companies-re-notice-of-motion-to-dismiss

The complaint and the relevant motions are here.

United States v. Hunter Update — IGRA Criminal Case

We posted about this case involving tribal leaders at Coyote Valley Band of Pomo Indians earlier this year. The government has been able to convict one of the tribal leaders — Michelle Campbell — for failing to file a tax return (campbell-conviction). Priscilla Hunter’s trial is scheduled for April 2009.

Second Update on Native Village of Kivalina v. Exxon

Here is the response brief to the motion to dismiss (here): opposition-to-motion-to-dismiss

And here is the main oil company reply brief: oil-company-reply-brief

And one from Shell Oil: shell-reply-brief

And, of course, here is the complaint that started it all.

Native Village of Kivalina v. Exxon Update

Here is the motion to dismiss the complaint, from the oil companies. As expected, the key arguments regard the causation issue and the lack of a federal common law cause of action.

oil-companies-motion-to-dismiss

Legal Analysis of the Kivalina v. Exxon Case

From Marten Law Group:

Threatened by Rising Seas, Native Village Seeks Lifeline in Federal District Court

By Dustin Till

Several lawsuits have been filed in federal district court asserting that large emitters of greenhouse gases are responsible for rising sea levels and other harms attributable to global warming. In one of the latest attempts to hold greenhouse gas producers responsible for alleged climate change impacts, a coastal Native village in Alaska recently filed a federal lawsuit alleging that twenty oil, coal, and electric utility companies are responsible for thinning sea ice and increased storm surges that are forcing the village to relocate.[1] In Native Village of Kivalina v. ExxonMobil Corp., et al., the village of Kivalina alleges that the defendants’ greenhouse gas emissions constitute a nuisance under both federal and state law, and seeks to recover monetary damages up to $400 million for the costs of relocating the entire village. Kivalina also alleges that certain defendants conspired to create a misinformation campaign designed “to deceive the public about the science of global warming,” and that the defendants’ civil conspiracy contributed to the town’s injuries. [2]

Previous nuisance lawsuits seeking relief for climate change impacts under federal common law have, so far, been unsuccessful. At least three federal district courts, including the same California federal court where the Kivalina case is pending, have dismissed similar lawsuits on grounds that they presented political questions over which the courts had no jurisdiction.[3] As a result, federal courts have yet to address the merits of climate change nuisance claims – including the potentially vexing issue of causation. The defendants will undoubtedly raise similar jurisdictional challenges, and if prior litigation is any guide, the Kivalina plaintiffs face an uphill battle to recover the costs of relocating their sinking village.

Salon: Exxon Should Be Target for Liability in Kivalina Case

From Salon:

Conspiracy theory in the frozen North

In Finland, the warmest winter on record is leading to predictions for a record grain harvest. Yay for global warming! See, adaptation can be fun. There’s never been a better time to invest in beach front property in Siberia.

However, Agriculture Ministry researcher Anneli Partala warns: “It is not certain whether the warm winter is good or bad … there may be mold problems or diseases.”

Or, as in the case of the Alaskan town of Kivalina, rising sea levels could force your complete relocation, to the tune of $400,000,000. Adaptation — extremely costly and painful!

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